House Bill 1043, sponsored by Representative Andrew Collins, aims to increase transparency and accountability in judicial elections by:
- Requiring disclosure of non-candidate expenditures: Groups or individuals spending money to influence appellate judicial elections (Supreme Court and Court of Appeals) would have to disclose their spending and donors, especially within 120 days of the election.
- Empowering citizens: The bill allows any registered voter to sue non-candidate expenditure committees to force compliance with these disclosure laws.
- Adopting new laws concerning appellate judicial campaigns: This includes defining what counts as a "non-candidate expenditure," how these committees must register, and what information they must report.
Key Provisions:
- Definitions: The bill defines "non-candidate expenditure" and "non-candidate expenditure committee" to clarify who is subject to these rules. It excludes certain communications, like news articles and internal organizational communications, from these definitions.
- Reporting Requirements: Committees and individuals making non-candidate expenditures exceeding $1,000 in a year must file reports with the Secretary of State at specific deadlines before and after elections. These reports must include detailed information about donors (if contributing over $250), expenditures, and committee finances.
- Registration: Non-candidate expenditure committees must register with the Secretary of State, designate a resident agent in Arkansas, and renew their registration annually.
- Enforcement: The Arkansas Ethics Commission and prosecuting attorneys are responsible for enforcing these provisions.
- Citizen Action: Registered voters can sue non-compliant committees and potentially recover legal fees.
Effective Date:
- The registration and reporting requirements will NOT be in effect for the 2026 nonpartisan judicial general election held on the same day as the preferential primary for other offices.
- If approved, these requirements WILL be in effect for the 2026 November nonpartisan judicial runoff election, starting on July 1, 2026.
Important Note: The bill directs the Arkansas Ethics Commission to create specific rules to implement these new laws by January 1, 2026.